SC02-2630 - Scott Hersey v. State Of Florida

State: Florida

Docket No: SC02-2630

Case Date: 04/21/2005

Preview:Supreme Court of Florida
____________ No. SC02-2630 ____________ SCOTT HERSEY, Petitioner, vs. STATE OF FLORIDA, Respondent. ____________ No. SC03-401 ____________ HOWARD H. LEWIS, Petitioner, vs. STATE OF FLORIDA, Respondent.

____________ No. SC03-404 ____________ TONY DERAMOUS OLIVER, Petitioner, vs. STATE OF FLORIDA, Respondent. ____________ No. SC03-537 ____________ KYLE SHIVER, Petitioner, vs. STATE OF FLORIDA, Respondent. ____________ No. SC03-770 ____________ ROBERT CLAYTON, Petitioner, vs. STATE OF FLORIDA, Respondent.

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____________ No. SC03-1767 ____________ HENRY L. FILLYAW, Petitioner, vs. STATE OF FLORIDA, Respondent. ____________ No. SC03-1828 ____________ ANA M. PENA, Petitioner, vs. STATE OF FLORIDA, Respondent. ____________ No. SC03-2383 ____________ PATRICK G. TAYLOR, Petitioner, vs. STATE OF FLORIDA, Respondent.

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____________ No. SC04-57 ____________ ALBERT H. LAWHON, Petitioner, vs. STATE OF FLORIDA, Respondent. [April 21, 2005] PARIENTE, C.J. We have for review the decisions in these cases, which concern the constitutionality of chapter 99-188, Laws of Florida, known as the "Three-Strike Violent Felony Offender Act" (the Act). In Hersey v. State, 831 So. 2d 679, 680 (Fla. 5th DCA 2002), the Fifth District Court of Appeal concluded that the Act violated the single subject clause in article III, section 6 of the Florida Constitution, but ultimately upheld the sentence imposed pursuant to chapter 99-188 on grounds that the Act's infirmity was retroactively cured by legislation enacted in 2002. The other cases under review herein were decided accordingly.1 In each case, the Fifth

1. The Fifth District ultimately receded from Hersey and held that the 2002 legislation could not retroactively cure the single subject violation without violating the ex post facto clauses of the state and federal constitutions. See Jones v. State, 872 So. 2d 938, 940 (Fla. 5th DCA 2004). We also have Jones and its -4-

District certified either a question of great public importance or conflict with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), quashed, State v. Green, 887 So. 2d 1089 (Fla. 2004), on the constitutional validity of the retroactive cure. We have jurisdiction, see art. V,

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